THE PEOPLE OF THE STATE OF NEW YORK EX REL ANDRIQUE BARON PETITIONER APPELLANT v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND EKPE EKPE SUPERINTENDENT WATERTOWN CORRECTIONAL FACILITY RESPONDENTS RESPONDENTS (2012)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK EX REL. ANDRIQUE BARON, PETITIONER–APPELLANT, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS AND EKPE D. EKPE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, RESPONDENTS–RESPONDENTS.

KAH 11–01076

Decided: April 20, 2012

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KATHLEEN P. REARDON, ROCHESTER, FOR PETITIONER–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ZAINAB A. CHAUDHRY OF COUNSEL), FOR RESPONDENTS–RESPONDENTS.

MEMORANDUM AND ORDER

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Inasmuch as he has been released to parole supervision, this appeal by petitioner from the judgment dismissing his petition for a writ of habeas corpus has been rendered moot (see People ex rel. Graham v. Fischer, 70 AD3d 1381, 1381–1382; People ex rel. Mitchell v. Unger, 63 AD3d 1591; People ex rel. Hampton v. Dennison, 59 AD3d 951, lv denied 12 NY3d 711), and the exception to the mootness doctrine does not apply herein (see Graham, 70 AD3d at 1381–1382; Hampton, 59 AD3d at 951; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715).

Frances E. Cafarell

Clerk of the Court

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